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Courts without Borders is the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequently dislike both in principle and in practice. This volume proposes a general theory of domestic court behavior to explain variation in extraterritorial enforcement of US law, emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities.
This book studies the struggle to enforce international human rights law in federal courts. In 1980, a federal appeals court ruled that a Paraguayan family could sue a Paraguayan official under the Alien Tort Statute – a dormant provision of the 1789 Judiciary Act – for torture committed in Paraguay. Since then, courts have been wrestling with this step toward a universal approach to human rights law. Davis examines attempts by human rights groups to use the law to enforce human rights norms. He explains the separation of powers issues arising when victims sue the United States or when the United States intervenes to urge dismissal of a claim and analyses the controversies arising from attempts to hold foreign nations, foreign officials, and corporations liable under international human rights law. While Davis's analysis is driven by social science methods, its foundation is the dramatic human story from which these cases arise.
Justice Without Borders is the theme of this collection of essays that honours Judge Wolfgang Schomburg on the occassion of his 70th birthday on 9 April 2018. The contributions of distinguished authors in the area of international criminal law, European criminal law and international cooperation focus on topics that are important for Wolfgang Schomburg: the pursuit of international criminal justice with respect for the interests of the accused, the facilitation of international cooperation subject to the rule of law, and the principle of fair trial .
A penetrating look into the unrecognized and unregulated links between autocratic regimes in Central Asia and centers of power and wealth throughout the West Weak, corrupt, and politically unstable, the former Soviet republics of Kazakhstan, Kyrgyzstan, Tajikistan, and Uzbekistan are dismissed as isolated and irrelevant to the outside world. But are they? This hard-hitting book argues that Central Asia is in reality a globalization leader with extensive involvement in economics, politics and security dynamics beyond its borders. Yet Central Asia’s international activities are mostly hidden from view, with disturbing implications for world security. Based on years of research and involvement in the region, Alexander Cooley and John Heathershaw reveal how business networks, elite bank accounts, overseas courts, third-party brokers, and Western lawyers connect Central Asia’s supposedly isolated leaders with global power centers. The authors also uncover widespread Western participation in money laundering, bribery, foreign lobbying by autocratic governments, and the exploiting of legal loopholes within Central Asia. Riveting and important, this book exposes the global connections of a troubled region that must no longer be ignored.
In Stories without Borders, Julia Sonnevend considers the ways in which we recount and remember news stories of historic significance. Focusing on the Berlin Wall and on subsequent retellings of the event in a variety of ways - from Legoland reenactments to slabs of the Berlin Wall installed in global cities - Sonnevend discusses how certain events become built up into global iconic events.
In this original, far-reaching, and timely book, Justice Stephen Breyer examines the work of the Supreme Court of the United States in an increasingly interconnected world, a world in which all sorts of activity, both public and private—from the conduct of national security policy to the conduct of international trade—obliges the Court to understand and consider circumstances beyond America’s borders. Written with unique authority and perspective, The Court and the World reveals an emergent reality few Americans observe directly but one that affects the life of every one of us. Here is an invaluable understanding for lawyers and non-lawyers alike.
Now in a comprehensively updated edition, this indispensable handbook analyzes how international humanitarian law has evolved in the face of these many new challenges. Central concerns include the war on terror, new forms of armed conflict and humanitarian action, the emergence of international criminal justice, and the reshaping of fundamental rules and consensus in a multipolar world. ThePractical Guide to Humanitarian Law provides the precise meaning and content for over 200 terms such as terrorism, refugee, genocide, armed conflict, protection, peacekeeping, torture, and private military companies—words that the media has introduced into everyday conversation, yet whose legal and political meanings are often obscure. The Guide definitively explains the terms, concepts, and rules of humanitarian law in accessible and reader-friendly alphabetical entries. Written from the perspective of victims and those who provide assistance to them, the Guide outlines the dangers, spells out the law, and points the way toward dealing with violations of the law. Entries are complemented by analysis of the decisions of relevant courts; detailed bibliographic references; addresses, phone numbers, and Internet links to the organizations presented; a thematic index; and an up-to-date list of the status of ratification of more than thirty international conventions and treaties concerning humanitarian law, human rights, refugee law, and international criminal law. This unprecedented work is an invaluable reference for policy makers and opinion leaders, students, relief workers, and members of humanitarian organizations. Published in cooperation with Doctors Without Borders/Médecins Sans Frontières.
"Courts Without Bordersis the first book to examine the politics of judicial extraterritoriality, with a focus on the world's chief practitioner: the United States. For much of the post-World War II era, the United States has been a frequent yet selective regulator of activities outside its territory, and US federal courts are often on the front line in deciding the extraterritorial reach of US law. At stake in these jurisdiction battles is the ability to bring the regulatory power of the United States to bear on transnational disputes in ways that other states frequentlydislike both in principle and in practice. This volume proposes a general theory of domestic court behaviorto explain variations in extraterritorial enforcement of US law,emphasizing how the strategic behavior of private actors is important to mobilizing courts and in directing their activities"--
This account of Algeria through its migratory history begins in the last quarter of the eighteenth century by looking at forced migration through the slave trade. It moves through the colonial era and continues into Algeria's turbulent postcolonial experience.
A Pulitzer Prize–winning historian’s "breathtakingly original" (Junot Diaz) reinterpretation of the eight decades surrounding the Civil War. "Capatious [and] buzzing with ideas." --The Boston Globe Volume 3 in the Penguin History of the United States, edited by Eric Foner In this ambitious story of American imperial conquest and capitalist development, Pulitzer Prize–winning historian Steven Hahn takes on the conventional histories of the nineteenth century and offers a perspective that promises to be as enduring as it is controversial. It begins and ends in Mexico and, throughout, is internationalist in orientation. It challenges the political narrative of “sectionalism,” emphasizing the national footing of slavery and the struggle between the northeast and Mississippi Valley for continental supremacy. It places the Civil War in the context of many domestic rebellions against state authority, including those of Native Americans. It fully incorporates the trans-Mississippi west, suggesting the importance of the Pacific to the imperial vision of political leaders and of the west as a proving ground for later imperial projects overseas. It reconfigures the history of capitalism, insisting on the centrality of state formation and slave emancipation to its consolidation. And it identifies a sweeping era of “reconstructions” in the late-nineteenth and early twentieth centuries that simultaneously laid the foundations for corporate liberalism and social democracy. The era from 1830 to 1910 witnessed massive transformations in how people lived, worked, thought about themselves, and struggled to thrive. It also witnessed the birth of economic and political institutions that still shape our world. From an agricultural society with a weak central government, the United States became an urban and industrial society in which government assumed a greater and greater role in the framing of social and economic life. As the book ends, the United States, now a global economic and political power, encounters massive warfare between imperial powers in Europe and a massive revolution on its southern border―the remarkable Mexican Revolution―which together brought the nineteenth century to a close while marking the important themes of the twentieth.